The Short Answer

In Pennsylvania, simply paying someone else’s mortgage usually does not give you an ownership interest in the property if your name is not on the deed. Ownership is generally determined by title (the deed), not by who makes the monthly payments—although in limited situations you may be able to assert an equitable claim depending on the facts.

What Pennsylvania Law Says

When a dispute involves real estate connected to a death (for example, you were paying the mortgage on a home owned by a parent, partner, or other family member who has since passed away), Pennsylvania’s Orphans’ Court has specific authority to determine and clear title to a decedent’s interest in real estate. That process is separate from (and often more complicated than) the question of who paid the mortgage.

The Statute

The primary law commonly used in Pennsylvania probate-related title disputes is 20 Pa.C.S. § 3546 (Determination of title to decedent's interest in real estate).

This statute establishes that, in certain situations, a person claiming an interest can petition the Orphans’ Court to adjudge title to a decedent’s real estate interest and direct appropriate relief after notice to interested parties.

If your situation is not tied to an estate (i.e., the owner is living), the key takeaway still applies: mortgage payments alone typically do not change deed ownership. Claims based on contributions often turn on equitable doctrines and evidence (such as agreements, intent, and tracing payments), and they can become even more contested if the titled owner dies and heirs are involved.

Related reading: What do I need to prove I own the full inherited property interest in Pennsylvania?

Why You Should Speak with an Attorney

While the general rule is straightforward (the deed controls), applying it to your specific situation is rarely simple—especially if the titled owner has died, other heirs are involved, or you were making payments based on an informal family arrangement.

• Strict Deadlines: Probate and title disputes can become harder to fix as time passes, particularly if no estate is opened promptly or property interests are transferred or encumbered.
• Burden of Proof: If you are claiming something beyond what the deed says, you typically need strong documentation (proof of payments, written communications, and evidence of the parties’ intent), not just a history of paying the mortgage.
• Exceptions: Whether you may have an equitable claim (or reimbursement claim against an estate) can depend on facts like whether there was an agreement, whether you were a co-borrower, whether payments were intended as rent/gifts, and whether the owner is deceased—issues that often require court involvement under statutes like 20 Pa.C.S. § 3546.

Trying to handle this alone can lead to costly mistakes—such as assuming you “own” the home, missing opportunities to assert a claim in the right court, or triggering disputes with heirs or lenders.

Get Connected with a Pennsylvania Attorney

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.